D.C. Circuit in Verizon Strikes FCC’s “Net Neutrality” Rules  for Broadband Providers

D.C. Circuit in Verizon Strikes FCC’s “Net Neutrality” Rules for Broadband Providers

In Verizon v. FCC, the United States Court of Appeals for the District of Columbia, for the second time in four years, reviewed the Federal Communications Commission’s (FCC) authority to impose “net neutrality” rules on broadband service providers’ network management practices.

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SJC Requires Search Warrants To Obtain Defendants’ Cellular Site Location Information in Augustine

SJC Requires Search Warrants To Obtain Defendants’ Cellular Site Location Information in Augustine

The right for a person to be free in his or her body, effects, and property from governmental intrusion serves as the bedrock of the Bill of Rights, as well as the Commonwealth of Massachusetts’s Declaration of Rights.

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SJC in Canty Addresses Police Officer Testimony at OUI Trials

SJC in Canty Addresses Police Officer Testimony at OUI Trials

Police officer testimony during OUI (operating a motor vehicle while under the influence of alcohol) trials in Massachusetts often reads like a script from an all too familiar play, with indicators of alcohol intoxication largely the same across police reports and police officer testimony. Police reports are almost certain to include phrases such as, “odor of alcohol on the [driver’s] breath” and “eyes were bloodshot.”

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Providing Context:   New Hampshire Supreme Court Allows Recording of Officer’s “Motive to Lie” Statement into Evidence

Providing Context: New Hampshire Supreme Court Allows Recording of Officer’s “Motive to Lie” Statement into Evidence

Ernest Willis was convicted of various sexual assault offenses that occurred in 1997. He appealed those convictions in State v. Willis, by arguing that the court erred in admitting certain portions of a police interrogation recording into evidence. The conviction arose from Willis’s interactions with a fifteen-year-old girl who attended his church.

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Back It Up:  Massachusetts Supreme Judicial Court Holds First Amendment and Common-Law Rights of Access to Criminal Trial Do Not Extend to Backup Room Recording

Back It Up: Massachusetts Supreme Judicial Court Holds First Amendment and Common-Law Rights of Access to Criminal Trial Do Not Extend to Backup Room Recording

In Commonwealth v. Winfield, the Massachusetts Supreme Judicial Court (SJC), in a matter of first impression, held that the First Amendment right of access to a criminal trial—as applied to the states through the Fourteenth Amendment—and the common-law right of access to judicial records did not extend to a backup room recording that was not the official record of the trial.

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First Circuit Prohibits Warrantless Search of Cellular Phones

First Circuit Prohibits Warrantless Search of Cellular Phones

Courts are split regarding the constitutionality of warrantless searches of cellular phones incident to a lawful arrest, with a majority of decisions upholding the searches. The First Circuit, however, held that such a search in Wurie violated the Fourth Amendment.

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After Online Equity:  De-Crowding and Accommodating Venture Capital

After Online Equity: De-Crowding and Accommodating Venture Capital

On October 23, 2013, the SEC released its proposed equity crowdfunding rules. The proposed rules, which come over a year and a half after the Jumpstart Our Business Startups Act (JOBS Act) was signed into law, outline the details of how the legislation’s new crowdfunding provisions will function. While many have lauded the new rules as potentially useful for capital-seeking startup companies, this new financing mechanism has two serious limitations.

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Latest Print Edition

PdfPDF by Gerard J. Clark | April-27-2014 |

To state the obvious, we live in a world that is awash in information. Discoveries of new scientific information occur daily in the laboratories of the world. The Facebook accounts of millions of teenagers contain information about the love lives of their friends. Google traces the search information of its subscribers. Supermarkets use personalized discount cards to trace the purchasing preferences of their customers. The National Security Agency (NSA) has been building a one-million-square-foot data and supercomputing center in Utah, which is expected to intercept and store much of the world’s Internet communication for decryption and analysis. States maintain driver, tax, and voter records. All of these records contain information that can yield profit for some and embarrassment for others. [...]

PdfPDF by Daniel M. Isaacs | April-27-2014 |

Much of the scholarly literature critical of the Supreme Court’s decision in Citizens United rings true to people predisposed to view corporate power and free markets with suspicion. In this Article, I seek to reach a different audience—people who believe in the power of free markets to promote social welfare. To do so, I maintain that corporate political expenditures are inconsistent with the principles of classical liberalism and against the interests of the corporations that make the expenditures.   I also pose solutions consistent with classical liberalism. If corporate political spending so threatens the system that preserves liberty and the efficient operation of a free-market society, it is reasonable, under classical liberalism, to permit the state to set rules to [...]

PdfPDF by Christina P. Mott | April-27-2014 |

On the surface, trademark law protects trademarks, defined as any “word, logo or package design, [or some combination thereof,] used by a manufacturer or merchant to identify its goods [or services] and distinguish them from others.” Typical trademark infringement cases involve a “senior” trademark owner seeking to prohibit a subsequent, “junior” user from using the same or similar mark. On a deeper level, however, trademarks also serve as objective, goodwill symbols of consumer satisfaction, representing and reinforcing to the public a distinctive good or service. “In trademark law, the question is always of consumer perception in the marketplace rather than judicial perception in the courtroom.”   The Lanham Act (the Act) governs federal trademark protection, providing for nationwide protection of [...]

PdfPDF by Lyndsay J. Montour | April-27-2014 |

Globalization is an intricate economic, political, cultural, and geographic process during which the movement of resources, organizations, ideals, discourses, and peoples become progressively global or transnational. Pure economic globalization theory recognizes the market as the sole, legitimate institution and the only logical path to growth and prosperity. Women play a major economic role in driving globalization, mainly because they participate in worldwide agriculture, small and micro-enterprises, and export-processing industries. Without including household labor and informal economic activity, women encompass 854 million workers of the global workforce. . . .  

PdfPDF by Katherine A. Kelter | April-27-2014 |

Many common agricultural crops have developed through human tinkering; alteration and experimentation have given rise to food species whose existence depends entirely on humans. The development of these crops has generated specific, traditional knowledge associated with particular species, and this potent combination of genetic material and phenotypic value creates a modern-day treasure trove of valuable commercial material. Individual and corporate parties have increasingly sought to collect such indigenous knowledge and capitalize on its value through existing intellectual property patent protections. This practice, known as “biopiracy,” evades easy definition; by common consensus, the practice may best be characterized as a form of biological theft, in which plants identified and cultivated by indigenous communities are collected and patented by noncommunity members without [...]

PdfPDF by Amanda M. Castro | April-26-2014 |

Democracy is founded upon the principle that no one is above the law. International law nevertheless permits diplomats to escape liability for crimes or civil wrongs they commit in the country where they are being hosted. Some scholars estimate that, each year, individuals with diplomatic immunity commit thousands of crimes around the world. Another abuse of diplomatic privilege is found in the form of “deadbeat diplomats” who avoid paying spousal and child support by claiming immunity from jurisdiction of the courts. . . .  

PdfPDF by Mary C. Ambacher | April-26-2014 |

The cover of John Lennon’s 1968 record Two Virgins shocked the world by showing Lennon and Yoko Ono naked, which was an unheard of act of controversy for a popular celebrity at the time. Today, however, public nudity in the context of protest has become prevalent around the world. This trend holds true in the United States as well, as there are numerous examples of protesters utilizing nudity as a method of protest. Many groups have recognized that the utility of and prominent reasons for protesting nude include the ways in which it immediately garners attention, fosters discussion in the media, and places the protesters’ messages into the public sphere.   The recent phenomenon of protesting nude raises legal questions [...]


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